13.8.2 Lawyer Interests.
| Jurisdiction | Arizona |
A lawyer’s personal interests may interfere with his or her ability to effectively undertake representation in a foreclosure matter. ER 1.7 provides, in part, that lawyer may not represent a client if to do so would be materially limited by the lawyer’s duties to another client or a third person, unless each client gives informed consent and the lawyer reasonably believes the lawyer will be able to provide competent and diligent representation to each client, the representation is not prohibited by law, and it does not pit one client against the other.
If, for example, a lawyer has been engaged in discussions with a lender about possible representation arrangements in collection matters and has been asked, in the interim, to represent a debtor against that lender in a foreclosure case, the lawyer might...
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